RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00095 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His claim for compensation under the Traumatic Servicemen’s 
Group Life Insurance (TSGLI) program be honored. 

 

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APPLICANT CONTENDS THAT: 

 

He experienced a qualifying “traumatic event that resulted in a 
traumatic injury that caused scheduled losses” as defined under 
the program. 

 

His claim is a multi-loss claim involving a LeFort type II 
fracture (avulsion, discontinuity defects to the left side of 
his face and head, including multiple deep lacerations (open 
wounds, discontinuity defects). 

 

His claim also qualifies for a loss of Activities of Daily 
Living (ADL) compensation, as his injuries involved a traumatic 
brain injury (TBI). 

 

In support of his request, the applicant provides a personal 
statement, a memorandum, the TSGLI Procedural Guide, extracts 
from his medical records, a fracture definition from the Free 
Dictionary website, a Power Point presentation, an article from The Journal of Prosthetic Dentistry and various other documents 
associated with his request. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is presently serving in the Regular Air Force in 
the grade of master sergeant. 

 

On 21 Jul 08, the applicant was involved in a roll-over logging 
truck accident in the mountains of Utah. 

 

The applicant submitted three claims for TSGLI compensation; 
however, the claims were denied as they did not meet the 
eligibility criteria. 


 

On 10 Nov 10, HQ AFPC/DPSD advised the applicant his next level 
of appeal was to the Air Force Board for Correction of Military 
Records (AFBCMR). 

 

Other relevant facts pertaining to this application are 
contained in the advisory opinion prepared by the BCMR Medical 
Consultant, which is at Exhibit D. 

 

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AIR FORCE EVALUATION: 

 

HQ AFPC/DPWC recommends denial. DPWC states the applicant’s 
losses do not meet the TSGLI eligibility criteria for payment. 

 

The complete DPWC evaluation, with attachments, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 11 Mar 11 for review and comment within 30 days 
(Exhibit C). As of this date, this office has not received a 
response. 

 

_________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

The BCMR Medical Consultant recommends denial. He states the 
applicant has not met the burden of proof that warrants the 
desired change to the record. The applicant’s injuries were 
potentially life-threatening; however, he received prompt 
emergency care. None of his injuries presented a gross 
disfigurement or required surgery to correct discontinuity loss 
of the tissue of 50 percent or more under a certain 
interpretation of an “avulsion” or “discontinuity defect.” 

 

Regarding the applicant’s alternative contention for receiving 
the benefit under loss of ADL, the BCMR Medical Consultant 
states two of the following qualifying requirements must be met, 
as a minimum at the “30th consecutive day” or the 15th 
consecutive day where there is a coma from trauma and/or TBI 
resulting in inability to perform at least two activities of 
daily living: unable to bathe independently, unable to maintain 
continence, unable to dress independently, unable to eat 
independently, unable to toilet independently, and unable to 
transfer independently. 

 

The applicant would have required hospitalization for 
15 consecutive days. Based on the documentation, the 
application falls short by one day of the benefit. His 


hospitalization was from 21 Jul 08 through 3 Aug 08. However, 
the Board has the authority to alter a predicate fact should 
this serve the best interest of justice. 

 

The BCMR Medical Consultant concedes the applicant may have been 
unable to independently dress himself, or at best found this to 
be a difficult task, particularly when putting on socks or 
buttoning clothing with his dominant extremity. However, the 
applicant’s unilateral peripheral (ulnar and median nerve) 
neuropathy or likely neuropraxia should not have precluded 
bathing more than one part of the body, nor should have it 
interfered with maintaining continence, toileting or the 
independent transfer in and out of bed or chair. 

 

Further, there is no evidence provided to show the applicant 
sustained a lasting cognitive or other functional deficit due to 
the TBI that impaired his reasoning, thought processing, 
computing, or other mental functions for the qualifying duration 
of time. 

 

The complete BCMR Medical Consultant’s evaluation, with 
attachment, is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the BCMR Medical Consultant’s evaluation was forwarded 
to the applicant on 8 Apr 11 for review and comment within 
30 days (Exhibit E). As of this date, this office has not 
received a response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. The applicant’s 
complete submission was thoroughly reviewed and his contentions 
were duly noted; however, no evidence has been presented that 
convinces us the applicant met the eligibility criteria for 
traumatic injury protection under the TSGLI program. Therefore, 
we agree with the opinions and recommendations of the Air Force 
office of primary responsibility and AFBCMR Medical Consultant 
and adopt their rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice. In 
the absence of persuasive evidence to the contrary, we find no 


basis to recommend granting the relief sought in this 
application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00095 in Executive Session on 2 Aug 11, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 Nov 10, w/atchs. 

 Exhibit B. HQ AF/DPWC, Letter, dated 28 Feb 11, w/atchs. 

 Exhibit C. SAF/MRBR, Letter, dated 11 Mar 11. 

 Exhibit D. BCMR Medical Consultant, Letter, dated 6 Apr 11. 

 Exhibit E. SAF/MRBR, Letter, dated 8 Apr 11, w/atch. 

 

 

 

 

 Panel Chair